: Warrensburg, Mo. News


Justice Scalia says Constitution isn't a 'living' document; must be interpreted as framers intended

Mar 5, 2008, 18:58

Courtney Hudson

United State Supreme Court Justice Antonin Scalia spoke to the public at the University of Central Missouri. Among the things Scalia discussed was why he interprets the Constitution as an originalist. (Photo by Chris Eversole)
WARRENSBURG, Mo. -- Antonin Scalia, associate justice of the U.S. Supreme Court, says the Constitution is not a living document that should be interpreted in light of changing public attitudes.

He told about 1,300 people gathered in Hendricks Hall at the University of Central Missouri Tuesday that constitutional questions must be viewed in terms of what the writers of the Constitution meant. �The Constitution is not a living organism,� he said. �It is a legal document that says some things, and doesn�t say some others.�

Scalia said proponents of the �living Constitution� approach want many issues to be decided by the Supreme Court�including many that should be decided by voters. Often, those seeking legal flexibility are really looking for rigidity, he said, and may support rights that are favored by an unjust majority.

�It will produce what the society at times likes,� he said. �Sometimes, it will grant rights. Other times, it will take some away.�

�Another argument in support of a �living Constitution,� Scalia said, is there is no harm done because it will always lead to new freedom�It leads to new freedoms, but it abolishes others.�

He considers himself an �originalist,� one who doesn�t want to expand the power of the Court beyond what the framers of the Constitution had in mind.

�People ask me, 'when did you first become an originalist,' like it is some type of disease,� Scalia said.

�What else can you use to understand the Constitution, other than the original meaning?� Scalia asked. �There is no alternative.�

Speaking from one page of notes, Scalia discussed for more than an hour issues ranging from abortion and flag burning as an expression of free speech, to discrimination, voting rights and school segregation. His remarks were often funny, and he poked fun at himself.

When asked which justice, dead or alive, he would most want to have lunch with, he said he didn�t really want to eat with a dead man, but his choice would be Ruth Bader Ginsburg, who he said would provide a lively luncheon conversation.

After his speech, he responded to numerous written questions from the audience, which were fielded by Dr. James Staab, chair of UCM�s political science department, and author of �The Political Thought of Justice Antonin Scalia: A Hamiltonian on the Supreme Court.�

Lucas McNeal, senior political science major, said Scalia�s presentation was �terrific.�
�He was informative and very humorous. I would see him a thousand times over,� McNeal said.

Amanda Gass, junior education major, said �It was all right and not as boring as I thought it would be. It was interesting.�

Benjamin Casebolt, UCM graduate, did not attend the presentation, but was outside handing out a sheet of questions for other people to ask Scalia during his presentation. "I don�t pay to hear politicians speak. I think that�s wrong,� Casebolt said. There was no charge to attend the speech.
Although the auditorium was full of students, faculty and community members, the UCM Student Alliance for Peace stayed outside near the flagpole to express its right of free speech.
Tabitha Durden, freshman education major and a member of the Alliance, said they were handing out informational pamphlets to educate everyone about Scalia. The pamphlet included reasons to protest Scalia, along with the group's mission statement.

The group went through a number of chants including, � Hey, Scalia read the news, women have the right to choose.�

Scalia is the second-most senior member of the Court, and is often regarded as the intellectual anchor of the Court�s conservative wing. He was appointed to the Supreme Court at age 50 in 1986 by Pres. Ronald Reagan.

His appearance here was a break with tradition of justices only speaking at universities which have law schools. His visit was funded by the Julius J. Oppenheimer Lecture Series, which has brought numerous dignitaries to campus since 1983.

Scalia�s last stop on campus was to lecture to one of Staab�s classes Wednesday morning.


The UCM news bureau contributed to this story.